Frequently Asked Questions & Answers

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Q: Should I Contact An Attorney Prior To Filing For A Divorce?

A: Yes. At Vacanti Shattuck Finocchiaro Attorneys, we advise anyone who is considering the possibility of a divorce in the future to meet with one of our attorneys for pre­-filing preparations. We will help you determine the issues that may be contested and strategies for improving your position should a divorce be filed.

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Q: How Is Custody Decided In A Divorce?

A: The courts in Nebraska will decide custody issues based on the best interest of the minor child standard. This standard looks at many different factors to determine the fitness of each parent, the relationship of the parents with the children, the availability of each parent to provide care, the relationship the parents have with each other, the child’s wishes depending on age and maturity level, and many other factors.

At Vacanti Shattuck Finocchiaro Attorneys, we can help you identify and work to enhance your ability to maximize your time with your children.

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Q: How Is Child Support Determined?

A: Child support is based on the income of both parents, which is plugged into the Nebraska child support calculator. There are other factors to consider as well, such as the cost of health insurance, other children, previously ordered support obligations, etc.

At Vacanti Shattuck Finocchiaro Attorneys, we will ensure the correct income is used and help you determine whether support should be based on sole custody or joint custody, which will greatly affect the amount paid each month.

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Q: How Is Property Divided In A Divorce?

A: Nebraska law requires the courts to divide all marital property in a divorce equitably. This is more complicated than you may at first realize, but generally, that means any property obtained or added to during the marriage could be subject to division.

Vacanti Shattuck Finocchiaro Attorneys will help you properly identify marital property and whether any property would be exempt from division. We will also ensure the assets are valued properly to ensure you receive your fair share.

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Q: Can You Modify A Divorce Decree Or Prior Order Of The Court?

A: Vacanti Shattuck Finocchiaro Attorneys advises that you are allowed to modify any prior divorce decree or paternity decree if you can prove there has been a material change in circumstances since the last order was entered and that such a modification is in the children’s best interest. Typically, modifications are done to adjust custody, visitation and child support.

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Q: How Long Does It Take To Complete A Divorce Or Modification Action?

A: The length of this process depends upon the complexities of the case and the availability of the court. In a divorce, the soonest you can complete a divorce would be sixty days from the date of filing and service, even if the parties agreed upon all issues, due to the mandatory waiting period.

On average, many clients of Vacanti Shattuck Finocchiaro Attorneys find that the process takes about six months in total, though your individual action may take a shorter or longer time to complete.

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Q: How much will it cost me to complete a divorce or modification?

A: Vacanti Shattuck Finocchiaro Attorneys advises that the total cost of divorce depends on the complexity of the case, with simpler cases completed for the amount of the retainer or less.